State will seek death penalty against accused Paddock Mall shooter

The State Attorney's Office will seek the death penalty as it prosecutes the man accused in the Dec. 23 Paddock Mall shooting. The state says Albert James Shell targeted the victim, chased him, fired shots and gunned him down while he begged for his life.

The state says the case has four aggravating factors that, according to Florida law, are reasons to support capital punishment.

The first: "The defendant was previously convicted of another capital felony orof a felony involving the use or threat of violence to the person."

The second: "The defendant knowingly created a great risk of death to many persons."

Law enforcement gather near the old Sears Auto Center after a gunman killed one man and wounded a women at the Paddock Mall in Ocala on Dec. 23.
Law enforcement gather near the old Sears Auto Center after a gunman killed one man and wounded a women at the Paddock Mall in Ocala on Dec. 23.

Third: "The capital felony was especially heinous, atrocious or cruel."

Fourth: "The capital felony was a homicide and was committed in a cold,calculated and premeditated manner without any pretense of moral or legal justification."

Reactions to the decision

Shell is represented by the Public Defender's Office. The leader of that office, Mike Graves, said on Friday that his staff is "moving forward in preparing for the case." Beyond that, Graves had no further comment.

Chief Assistant State Attorney Walter Forgie said: "Given the defendant’s criminal history, heinous actions and disregard for the value of human life, the death penalty is an appropriate penalty."

All about the Paddock Mall shooting

Shell, 39, of Ocala, is accused of fatally shooting 40-year-old David Nathaniel Barron at the Paddock Mall on Dec. 23. A grand jury indicted him on charges of first-degree murder, two counts of attempted second-degree murder, and possession of a firearm by a convicted felon. He has pleaded not guilty.

Ocala police officials said there was some type of ongoing dispute between Shell and the victim. They said Barron was targeted.

Detectives determined the total distance Shell ran and fired shots at Barron at various points throughout the mall was 149 feet. Barron was shot multiple times.

During the shooting, a man's leg was grazed by a bullet and a woman was shot in the leg.

The mall was closed for a few days so law enforcement officials could gather evidence and an outside crew could clean up.

Shell was on the run but was was apprehended by law enforcement officials on Jan. 8. A reward of $20,000 was offered for information leading to Shell's arrest. Shell is being held at the Marion County Jail.

Marion County death row members

Presently, there are seven Marion County inmates on death row.

The most recent to arrive was Michael Wayne Jones, a little less than a year ago. He was convicted of killing his wife and four children, two of whom were his. The 42-year-old is being held at Union Correctional Institution.

Of the seven, Ian Lightbourne has been on the list the longest: May 1 will mark 43 years. Lightbourne was sentenced to death the day Jones was born. Lightbourne also is housed at Union Correctional Institution.

More crime news: Three killed in crash involving stolen Marion County Sheriff's Office patrol SUV

Michael Bargo is one of the youngest men on death row. Bargo received his death sentence in 2013 for theh gruesome death of Seath Jackson. Bargo, 31, also is being held at Union Correctional Institution.

State records show the average age at the time of execution is 44.9 years. The average age at offense for executed inmates is 27.4 years.

As of Feb. 1, there were 286 men and women on death row. From 1924 through 1964, 196 inmates were executed. There have been 105 from 1976 to the present.

Contact Austin L. Miller at austin.miller@starbanner.com

This article originally appeared on Ocala Star-Banner: State will seek death penalty in shooting at Paddock Mall in Ocala, Florida